( 1 ) THE main relief sought in the petition was under section 153c of the Indian Companies Act 1913 and the relief of winding up was only an alternative relief. The learned Advocate General who appeared on behalf of the petitioner did not press for the relief under section 153c of the Indian Companies Act 1913 but confined his arguments to the alternative relief for winding up. This he could do because even for claiming relief under section 153c of the Indian Companies Act 1913 the petitioner had to establish that the facts were such as would justify the making of a winding up order on the ground that it was just and equitable that the Company should be wound up and that it was because in his submission to wind up the Company would unfairly and materially prejudice the interests of the Company or any part of its members that the petitioner did not want the Company to be wound up but wanted relief under section 153c of the Indian Companies Act 1913 The petitioner had in any event to establish that it was just and equitable to wind up the Company. If the facts were such as justified the making of a winding up order on the ground that it was just and equitable to do